[Federal Register Volume 64, Number 125 (Wednesday, June 30, 1999)]
[Rules and Regulations]
[Pages 34992-34994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16667]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-99-083]
RIN 2115-AA97


Safety Zone: Staten Island Fireworks, Raritan Bay and Lower New 
York Bay

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing two temporary safety zones for 
Staten Island fireworks displays located on Raritan Bay and Lower New 
York Bay. This action is necessary to provide for the safety of life on 
navigable waters during the event. This action is intended to restrict 
vessel traffic in a portion of Raritan Bay and Lower New York Bay.

DATES: This rule is effective from 8:30 p.m. on July 3, 1999, until 10 
p.m. on July 11, 1999.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at Coast Guard Activities New York, 212 Coast 
Guard Drive, room 205, Staten Island, New York 10305, between 8 a.m. 
and 3 p.m., Monday through Friday, except Federal holidays. The 
telephone number is (718) 354-4193.

FOR FURTHER INFORMATION CONTACT: Lieutenant J. Lopez, Waterways 
Oversight Branch, Coast Guard Activities New York (718) 354-4193.

SUPPLEMENTARY INFORMATION: 

Regulatory History

    Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM) 
was not published for this regulation. Due to the date the Application 
for Approval of

[[Page 34993]]

Marine Event was received, there was insufficient time to draft and 
publish an NPRM and publish the final rule 30 days before its effective 
date. Good cause exists for not publishing an NPRM and for making this 
regulation effective less than 30 days after Federal Register 
publication. Any delay encountered in this regulation's effective date 
would be contrary to public interest since immediate action is needed 
to close the waterways and protect the maritime public from the hazards 
associated with these fireworks displays.

Background and Purpose

    The fireworks programs are being sponsored by the Borough of Staten 
Island. This regulation establishes two safety zones. First, in all 
waters of Raritan Bay in the vicinity of the Raritan River Cutoff and 
Ward Point Bend (West) within a 240-yard radius of the fireworks barge 
located in approximate position 40 deg.30'04'' N 074 deg.15'35'' W (NAD 
1983), approximately 240 yards east of Raritan River Cutoff Channel 
Buoy 2 (LLNR 36595). The safety zone is in effect from 8:30 p.m. until 
10 p.m. on Saturday, July 3, 1999. The rain date for this event is 
Sunday, July 4, 1999, at the same time and place. Second, in all waters 
of Lower New York Bay within a 360-yard radius of the fireworks barge 
located in approximate position 40 deg.35'11'' N 074 deg.03'42'' W (NAD 
1983), approximately 350 yards east of South Beach, Staten Island. The 
safety zone is in effect from 8:30 p.m. until 10 p.m. on Saturday, July 
10, 1999. The rain date for this event is Sunday, July 11, 1999, at the 
same time and place. The safety zones prevent vessels from transiting a 
portion of Raritan Bay in the vicinity of the Raritan River Cutoff, 
Ward Point Bend (West), and Lower New York Bay. The safety zones are 
needed to protect boaters from the hazards associated with fireworks 
launched from two barges in the area. Marine traffic will still be able 
to transit through the eastern 140 yards of the 230-yard wide Ward 
Point Bend (West) during the event on July 3, 1999. Traffic that can 
not transit through the Raritan River Cutoff will be able to transit 
through Ward Point Bend (West) by using South Amboy Reach, Great Beds 
Reach, Ward Point Secondary Channel, and Ward Point Bend (East). Marine 
traffic will still be able to transit through Lower New York Bay during 
the event off South Beach on July 10, 1999. Additionally, vessels are 
not precluded from mooring at or getting underway from any marinas or 
piers at Perth Amboy, New Jersey during the display in the Raritan 
River Cutoff. Public notifications will be made prior to the event via 
the Local Notice to Mariners and marine information broadcasts.

Regulatory Evaluation

    This final rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866 and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that Order. It has not been reviewed by the Office of Management and 
Budget under that Order. It is not significant under the regulatory 
policies and procedures of the Department of Transportation (DOT) (44 
FR 11040; February 26, 1979). The Coast Guard expects the economic 
impact of this final rule to be so minimal that a full Regulatory 
Evaluation under paragraph 10e of the regulatory policies and 
procedures of DOT is unnecessary. this finding is based on the minimal 
time that vessels will be restricted from the zone, that vessels are 
not precluded from getting underway, or mooring at, the marinas and 
piers in Perth Amboy, New Jersey, that marine traffic may safely 
transit to the east of the zone on July 3, 1999, marine traffic will 
still be able to transit through Lower New York Bay during the display 
on July 10, 1999, and advance notifications which will be made.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considered whether this final rule will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include small businesses, not-for-profit organizations that 
are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions and with populations of less 
than 50,000.
    For reasons discussed in the Regulatory Evaluation section above, 
the Coast Guard certifies under section 605(b) of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.) that this final rule will not 
have a significant economic impact on a substantial number of small 
entities.

Collection of Information

    This final rule does not provide for a collection of information 
under the Paperwork under the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this final rule under the principles 
and criteria contained in Executive Order 12612 and has determined that 
this final rule does not have sufficient implications for federalism to 
warrant the preparation of a Federalism Assessment.

Unfunded Mandates

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) [Pub. 
L. 104-4, 109 Stat. 48] requires Federal agencies to assess the effects 
of certain regulatory actions on State, local, and tribal governments, 
and the private sector. UMRA requires a written statement of economic 
and regulatory alternatives for rules that contain Federal mandates. A 
Federal mandate is a new or additional enforceable duty imposed on any 
State, local, or tribal government, or the private sector. If any 
Federal mandate causes those entities to spend, in the aggregate, $100 
million or more in any one year, the URMA analysis is required. This 
final rule does not impose Federal mandates on any State, local, or 
tribal governments, or the private sector.

Environment

    The Coast Guard considered the environmental impact of this final 
rule and concluded that under figure 2-1, paragraph 34(g), of 
Commandant Instruction M16475.1C, this final rule is categorically 
excluded from further environmental documentation. A ``Categorical 
Exclusion Determination'' is available in the docket for inspection or 
copying where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reports and 
recordkeeping requirements, Security measures, Waterways.

Regulation

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--[AMENDED]

    1. The authority citation for part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g), 
6.04-6, 160.5; 49 CFR 1.46. Section 165.100 is also issued under 
authority of Sec. 311, Pub. L. 105-383.

    2. Add temporary Sec. 165.T01-083 to read as follows:


Sec. 165.T01-083  Safety Zone: Staten Island Fireworks, Raritan Bay and 
Lower New York Bay.

    (a) Safety Zones. The following areas are designated safety zones:
    (1) Safety Zone A: (1) Location. All waters of Raritan Bay in the 
vicinity of the Raritan River Cutoff and Ward Point Bend (West) within 
a 240-yard radius of

[[Page 34994]]

the fireworks barge in approximate position 40 deg.30'04'' N 
074 deg.15'35'' W (NAD 1983), approximately 240 yards east of Raritan 
River Cutoff Channel Buoy 2 (LLNR 36595).
    (ii) Effective period. Paragraph (a)(1) of this section is 
effective from 8:30 p.m. until 10 p.m. on July 3, 1999. If the event is 
cancelled due to inclement weather, then this paragraph is effective 
from 8:30 p.m. until 10 p.m. on July 4, 1999.
    (2) Safety Zone B: (i) Location. All waters of Lower New York Bay 
within a 360-yard radius of the fireworks barge in approximate position 
40 deg.35'11'' N 074 deg.03'42'' W (NAD 1983), approximately 350 yards 
east of South Beach, Staten Island.
    (ii) Effective period. Paragraph (a)(2) of this section is 
effective from 8:30 p.m. until 10 p.m. on July 10, 1999. If the event 
is cancelled due to inclement weather, then this paragraph is effective 
from 8:30 p.m. until 10 p.m. on July 11, 1999.
    (b) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply.
    (2) all persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or the designated on-scene-patrol 
personnel. These personnel comprise commissioned, warrant, and petty 
officers of the Coast Guard. Upon being hailed by a U.S. Coast Guard 
vessel by siren, radio, flashing light, or other means, the operator of 
a vessel shall proceed as directed.

    Dated: June 18, 1999.
L.M. Brooks,
Captain, U.S. Coast Guard, Acting Captain of the Port, New York.
[FR Doc. 99-16667 Filed 6-29-99; 8:45 am]
BILLING CODE 4910-15-M